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"compliance with such requirements is technically impracticable from an 

 engineering perspective" (Superfund section 121(d)(4), 42 USC Section 

 9621(d)(4)). 



Thus, a decision maker can apply a lesser standard in appropriate 

 circumstances and sediment quality criteria -- like water quality criteria and 

 drinking water standards -- need not be scientifically compromised to 

 account for these circumstances. 



V. Does EPA have legal authority to develop sediment quality 

 criteria? 



Yes. EPA does have authority to develop and implement sediment 

 quality criteria. Section 101(a) of the CWA establishes a national objective 

 of restoring and maintaining the "chemical, physical and biological integrity" 

 of the nation's waters. In addition, section 304(a)(1) directs the 

 Administrator to develop and publish criteria for water quality reflecting 

 the latest scientific knowledge on (1) the kind and extent of all identifiable 

 effects on plankton, fish, shellfish, and wildlife that may be expected from 

 the presence of pollutants in any body of water, including ground water, 

 and (2) the effects of pollutants on biological community diversity, 

 productivity, and stability. 



Section 304(a)(2) directs the Administrator to develop and publish 

 information on the factors necessary for the protection and propagation of 

 shellfish, fish, and wildlife for classes and categories of receiving waters. 



EPA has developed water column criteria pursuant to its authority 

 under section 304(a). These numerical criteria are intended to protect the 

 chemical integrity of the aquatic resource, but, standing alone, are not 

 adequate to protect physical and biological integrity as required by section 

 304(a). The EPA has recognized this deficiency, and has been developing 

 both biological criteria (criteria based on biological assessments of natural 

 ecosystems) and sediment criteria to complement its water column criteria. 

 Putting water column, sediment and biological criteria in place, will provide 

 a better mechanism for restoring and protecting our waters as mandated 

 under sections 101(a) and 304(a). 



